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China's State Administration for Market Regulation Releases Typical Cases of Intellectual Property Enforcement for 2021-Part 5

IPR Daily

2022-05-16 11:41:11

The first part please click here.


18. The case of Junding (Yantai) Intellectual Property Agency Co., Ltd. carrying out the patent agency business without authorization by the Yantai City Market Supervision Bureau of Shandong Province


Yantai Market Supervision Bureau received clues that Junding (Yantai) Intellectual Property Agency Co., Ltd. carried out patent agency business without authorization, and immediately conducted an investigation.


After investigation, it was determined that 4 enterprises entrusted Junding (Yantai) Intellectual Property Agency Co., Ltd. to compile and declare patent materials in order to obtain subsidies for high-tech enterprises from the local government. The parties provided patent agency services for 4 clients by signing the "Intellectual Property Cooperation Agreement" without obtaining the practicing license of a patent agency, involving a total of 23 patent applications and obtaining 40,000 RMB of illegal income. The parties engaged in patent agency business without authorization, which violated Article 9 of the Regulations on Patent Agency. On July 13, 2021, the Yantai Municipal Market Supervision Bureau issued an administrative penalty in accordance with the law, ordering the parties to immediately stop the illegal behavior, confiscate the illegal income of 40,000 RMB, and impose a fine of 80,000 RMB.


To engage in patent agency business, a patent agency practice license shall be obtained. The behavior of unqualified patent agency disrupts the market order and encourages abnormal patent applications that are not aimed at innovation. The investigation and punishment of this case timely stopped the illegal acts of "black agency" and helped to regulate the patent application behavior from the source.


19. The Hunan Provincial Market Supervision Bureau investigated and dealt with the case of Hunan Xieyuan Intellectual Property Service Co., Ltd. carrying out the patent agency business without authorization


The Hunan Provincial Market Supervision Bureau received  clues, saying that Hunan Xieyuan Intellectual Property Service Co., Ltd. was not qualified to carry out patent agency activities, and then checked.


After investigation, it was determined that the parties signed service contracts with 9 companies including a Hunan Inspection and Testing Co., Ltd. from August 6, 2019 to May 20, 2021, respectively, without obtaining a patent agency practice license, representing them in filing 55  patent applications and obtained 29,850 RMBin illegal income. The behavior of the parties violated Article 9 of the Patent Agency Regulations. On January 5, 2022, the Hunan Provincial Market Supervision Bureau issued an administrative penalty in accordance with the law, ordering the parties to immediately stop the illegal behavior, confiscate the illegal income of 29,850 RMB, and impose a fine of 29,850 RMB.


Patent agency work is an important part of the patent work system and plays an important role in regulating patent applications and improving patent quality. In order to strengthen the supervision of the patent agency industry, the "Regulations on Patent Agency" stipulates that to engage in patent agency business, a patent agency practice license shall be obtained. The investigation and punishment of this case have created "shock and awe" over the relevant illegal acts, which will help promote the healthy and sound development of the patent agency industry and maintain the normal order of the patent agency industry.


20. Gansu Provincial Market Supervision Bureau investigated and dealt with the case of Lanzhou Hechuang Intellectual Property Agency Service Co., Ltd. carrying out patent agency business without authorization


On April 20, 2021, the Gansu Provincial Market Supervision Bureau received a report that Lanzhou Hechuang Intellectual Property Agency Service Co., Ltd. did not have agency qualifications but carried out patent agency business, and immediately launched an investigation.


After investigation, it was determined that from May 2019 to March 2021, the parties carried out patent agency business without obtaining the practice license of a patent agency, and submitted patent application documents in the name of other agencies. It represented seven entities and filed E18 patent applications, charged a patent agency fee of 88,200 RMB and illegal income of 80,740 RMB. The behavior of the parties violated Article 9 of the Patent Agency Regulations. On December 23, 2021, the Gansu Provincial Market Supervision Bureau issued an administrative penalty in accordance with the law, ordering the parties to stop the illegal behavior, confiscate the illegal income of 80,740 RMB, and impose a fine of 161,480 RMB.


In this case, the parties engaged in patent agency business without obtaining a license to practice as a patent agency, disrupting the order of the patent agency industry. Law enforcement officers check the relevant patent applications one by one to determine the facts of violations, and while cracking down on illegal acts in accordance with the law, popularize relevant legal knowledge to relevant units, which is conducive to promoting the standardized development of the patent agency industry.



Source: natlawreview.com-Aaron Wininger, Schwegman Lundberg Woessner IP Law Firm

Editor: IPR Daily-selly


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